BK law/ code that says creditors cant report late payments after filing date

[Charlie777]

What about placing any entries after filing? My FICO score is being pulled down for ""your most recent late payment happened one month ago". I have two entries like this, and one other with April 2010 as the Status Date / Date Closed (all Transunion). These were just reconcfirmed after I disputed by letter CMRRR.

Gemb/Mens Wearhouse Status as of [?] May, 2010
Date opened [?] Nov, 2001
Date of last activity [?] Feb, 2009
Date paid out [?] Feb, 2009
Date closed [?] May, 2009
Account number [?] XXXXXXXXXXXX
Loan type [?] Charge Account
Credit limit [?] $940
Largest past balance [?] $907
Terms [?] Not Reported
Account Type [?] Revolving Account
Account holder [?] Individual Account
Scheduled payment amount [?] Not Reported

Descriptions [?]
Chapter 7 bankruptcy
Contact Information [?]
Po Box 981400
El Paso, TX 79998
8004003761
Balance [?] Current Status [?] Past Due Amount [?]
Not Reported Unrated Not Reported

Seven year payment history [?]
30 days late 0 times
60 days late 0 times
90+ days late 0 times

[tigergem]

Yeah it looked to me like the last entries on there were 05/09/10 if the scrolling headline widget means anything. I hope they come back to life.

[vb1962]

charge off reported after chapter 7 filing

What is acceptable and what is negative to report on credit reports after filing? i have a finance company still reporting "Charge off" every month since filing. Is that OK? thanks in advance

[NoMoreCards]

What is acceptable and what is negative to report on credit reports after filing? i have a finance company still reporting "Charge off" every month since filing. Is that OK? thanks in advance

Depends on when the "charge off" happened. If it happened before you filed, you are stuck with it. The BK stops them from reporting stuff that happens after filing date.
So basically, if you had lates and charge-offs prior to filing, they will remain on your CR.

[Charlie777]

I think the problem we're all asking about is, specifically what prevents them, and what is the recourse, because it's happening.

[NoMoreCards]

Dispute with proof.

It will be removed.

[justbroke]

I lost my post, but basically, a Tampa Bankruptcy Judge awarded $5,000 in actual damages and $10,000 in punitive damages for a discharge injunction violation for 50 phone calls. He awarded $100 per call for 50 calls!

http://pacer.flmb.uscourts.gov/pdf-new/40384015.pdf

What prevents them? Nothing. What stops them? Nothing.

However, if we all would just immediately pounce on them for violation of the automatic stay and/or permanent discharge injunction, then they will feel the problem in their pocketbook. I'm going through something similar now.

[tigergem]

I lost my post, but basically, a Tampa Bankruptcy Judge awarded $5,000 in actual damages and $10,000 in punitive damages for a discharge injunction violation for 50 phone calls. He awarded $100 per call for 50 calls!

http://pacer.flmb.uscourts.gov/pdf-new/40384015.pdf

What prevents them? Nothing. What stops them? Nothing.

However, if we all would just immediately pounce on them for violation of the automatic stay and/or permanent discharge injunction, then they will feel the problem in their pocketbook. I'm going through something similar now.

Where's the like button?

[Charlie777]

So to bring sanctions via bankruptcy court requires reopening the bamkruptcy case - not a practical option.

I guess there is nothing under FCRA we can rely on, or even bring suit with.

[justbroke]

Yes, you must re-open the case. That may cost you $260, but you'll get that back as damages.

However, some Courts will WAIVE the re-opening fee if it's a violation of the discharge injunction! I know that my District waives the re-opening fee if it's for a discharge injunction violation. Check yours.

[elflaco]

Well, this thread may have proven valuable.

We filed Chapter 13 in November of 2008. Part of that filing included surrendering our primary residence (which had a first and second) and in the state of Nevada, when one surrenders their property it is for the full value of the residence. On May 24th of this year, the mortgage holder reported that loan to Trans Union as "Charged off as bad debt".

That said, if I'm reading this information correctly, the lender is in violation of the court's order. Would I be right to sic my barely competent attorney on them?

[justbroke]

That said, if I'm reading this information correctly, the lender is in violation of the court's order. Would I be right to sic my barely competent attorney on them?

Some Courts have concluded that the "adverse" or negative reporting is in fact an attempt to collect the debt. They figure it's coercive and, as such, an attempt to collect the prior debt in violation of the permanent discharge injunction.

There was one Judge, maybe also in Florida, that awarded damages for every month that the creditor "reported" the discharged debt incorrectly to the credit reporting agency. You need an attorney who is good at these things and who will work on contingency.

[elflaco]

Some Courts have concluded that the "adverse" or negative reporting is in fact an attempt to collect the debt. They figure it's coercive and, as such, an attempt to collect the prior debt in violation of the permanent discharge injunction.

There was one Judge, maybe also in Florida, that awarded damages for every month that the creditor "reported" the discharged debt incorrectly to the credit reporting agency. You need an attorney who is good at these things and who will work on contingency.

Interesting.

All of our other creditors have played nice and are reporting things the way they should (just pulled up the CR) but the mortgage lenders are the ones being snotty about it.

If what you say is true then I may just wait until we get our discharge (3 years from now) and then go after them with a bulldog attorney that I found after we filed.

Thanks for the info!

[BuckeyeGuy13]

@ elflaco - I'm going through the EXACT same thing with the lender on my surrendered property. They claimed that when they received the lift of stay (which was needed ONLY to complete the foreclosure proceedings in OH), that gave them the right to continue to collect the debt. Mind you, I was never late on the mortgage up to the filing date of my BK, but they still put 180 day lates on all 3 credit bureaus.

I called my attorney and she's working through this with them. If this isn't handled in the next couple of months, I'll be heading to court.

[hurtininaz]

I got told the exact same thing by my mortgage lender. They said they can still collect the debt because they lifted the automatic stay. It specifically says in the documents that they will not be able to come after the debt if it is discharged but explaining that to the idiot on the other end of the phone does no good - I may be heading for court too.